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VOLUME 13, NUMBER 2
Preface
By Cui Jiale and Lin Meng
The Spring 2021 Issue of Tsinghua China Law Review assembles a polyhedron of Chinese law. Along the historical vein, excellent scholars examine multiple facets of law from early dynastic China to modern China. Historical materials and empirical evidence are presented, contributing to the underserved genre in legal academia. [read more...]
 
 
Preface | 13 Tsinghua China L. Rev. (2021)
The Early Roots and Development of Chinese Criminal Law: The Xia and Shang Dynasties
By Li Xiaotong and Andra LE ROUX-KEMP
Available records and literature on the earliest known Chinese dynasties — the Xia Dynasty and the Shang Dynasty — are surveyed, with the goal to explore the social and legal life of the earliest of Chinese civilizations. Given that penal law (punishment) constituted the essence of early imperial Chinese law, the important legal principles and practices with regard to the criminal and penal laws of that time are identified and explained. Particular attention is paid in the analysis and discussion of this article to two early relics from the Chinese legal tradition — the Five Punishments (五刑), and respect for filial piety (孝), which have had a lasting influence on the subsequent development of Chinese law. [read more...]
 
 
Article | 13 Tsinghua China L. Rev. XXX (2021)
Contracts as Tools to Promote Morality and Social Order: The Tang Dynasty’s Regulation of Contractual Relationships
By Chunlin Leonhard
This article examines the laws regulating contractual relationships during the Tang Dynasty (618–907 CE). Based on an examination of contemporaneous laws and statutes on contractual relationships, as well as archaeological evidence of extant contracts from the Tang Dynasty, this article concludes that dynastic China had developed a body of sophisticated contract laws by the Tang Dynasty. The Tang rulers’ regulation of contracts was aimed at maintaining the desired social structure and stability, and promoting the moral teachings about trustworthiness. [read more...]
 
 
Article | 13 Tsinghua China L. Rev. XXX (2021)
Directors’ Duty of Care in China: Empirical and Comparative Perspective
By Shaowei Lin and Lin Lin
This article adopts an empirical and comparative approach in reviewing Chinese duty of care cases in comparison with major jurisdictions such as the United Kingdom and the United States. The 86 sample cases hand-collected from the ten-year period from 2011 to 2020 reveal that the number of duty of care litigation in China is still far lower than other types of company disputes. This article finds a divergence in judicial practice concerning at least two different standards of the duty of care. Accordingly, this article adopts a selective approach concerning best practices in major jurisdictions globally and proposes several solutions specifically catered to China’s legal and commercial context. [read more...]
    
Article | 13 Tsinghua China L. Rev. XXX (2021)

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